You’ve carefully searched for the perfect new or second-hand motor vehicle that suits your needs and budget. You’ve spoken to various sales staff and finally decided on the right vehicle that is fit for purpose (top tip: always discuss, get it in writing/email if you can, what you intend to use the vehicle for and ask the sales person for advice on a car that meets your needs).
You’ve taken delivery of the vehicle and, after only a few weeks, it’s kaput and defective. The dealer says its your fault or is quoting you a huge repair bill. The motor vehicle finance company (usually a bank) won’t give you any assistance. Now you’re stuck with a car that’s defective or doesn’t run at all.
Depending on the particular circumstances of your faulty vehicle and its purchase, you may have legal recourse against the dealer or the vehicle finance company. Since the arrival of the Consumer Protection Act (“CPA”) and National Credit Act (“NCA”), consumers have statutory protection and rights that can be enforced. Unfortunately, instead of clearing up a complicated common-law area, these new Acts have made the legal landscape more complicated. Now consumers are left with various remedies in terms of the Acts and common-law, some of which overlap and others which don’t.
If you’ve bought your vehicle on credit, then your remedies lie within the common-law and the NCA. If you’ve bought your vehicle in cash, then your remedies lie within the CPA and the common-law.
We can advise you on how to pursue legal relief against dealers and/or vehicle finance companies who refuse to assist you with a defective motor vehicle. Email us on info@shawattorneys.co.za to arrange for a consultation. Please have your FICA documents (i.e. ID and proof of home address) ready, as well as the sales contract for your vehicle and the invoices & statements for the sale/vehicle finance.
Comments